Terms of Service
MailAI · Last updated October 14, 2026
These Terms of Service ("Terms") are a binding agreement between you and
Brian Lampert, a sole proprietor located in
Henderson, Nevada, United States
("MailAI", "we", "us", "our") and govern your access to and use of the MailAI
application, websites, and related services (the "Services"). By creating an
account, clicking "I agree", or using the Services, you accept these Terms.
If you do not agree, do not use the Services.
Please read Section 12 (Disclaimers), Section 13 (Limitation of Liability),
Section 14 (Indemnification), and Section 16 (Governing Law & Disputes)
carefully — they limit our liability and affect your legal rights.
1. Eligibility and authority
You must be at least 13 years old (or the minimum age required in your
jurisdiction) and able to form a binding contract. The Services are intended
for business use. If you use the Services on behalf of a company or other
entity, you represent that you are authorized to bind that entity to these
Terms, and "you" refers to that entity.
2. Definitions
- "Merchant" / "you"
- The business or person that holds a MailAI account.
- "End Customer"
- A person who contacts the Merchant and whose information may appear in
connected mail or Shopify records.
- "Customer Data"
- Content and data you connect or that flows through the Services,
including email content and Shopify order/customer records.
- "Subscription"
- A paid plan giving access to specified features and usage limits.
3. The Services
MailAI is an AI-assisted customer-support email tool for Shopify merchants.
It connects to a mailbox and a Shopify store you authorize, and helps you
read, organize, draft, and send replies, including AI-generated drafts,
summaries, and order-context features. We may add, change, or remove features
over time.
4. Accounts and security
- You are responsible for the accuracy of your registration information and
for all activity under your account.
- Keep your credentials confidential; do not share your account.
- Notify us promptly at the contact below if you suspect unauthorized
access.
- You may only connect mailboxes and Shopify stores you own or are
expressly authorized to manage.
5. Subscriptions, fees, and billing
- Plans. The Services may be offered in free and paid
tiers with stated feature and usage limits. Limits (including AI usage
caps) may be enforced and adjusted.
- Billing through app stores. Paid Subscriptions
purchased through the Apple App Store or Google Play are billed by, and
subject to the terms of, those platforms. Refunds for app-store
purchases are handled by Apple or Google under their policies, not by
us.
- Auto-renewal. Subscriptions renew automatically for the
same period unless cancelled before the renewal date. Manage or cancel
renewals in your app-store account settings; cancellation takes effect at
the end of the current period.
- Free trials. If offered, a trial converts to a paid
Subscription unless cancelled before the trial ends.
- Price changes. We may change fees prospectively; changes
apply to the next renewal after notice.
- Taxes. Fees are exclusive of taxes, which are your
responsibility except for taxes on our net income.
6. Acceptable use
You agree not to, and not to permit anyone to:
- Send spam or unsolicited marketing, or otherwise violate anti-spam or
e-privacy laws (including the US CAN-SPAM Act, Canada's CASL, and the EU
ePrivacy/GDPR consent rules).
- Use the Services to harass, defraud, infringe, or harm anyone, or to
transmit unlawful, deceptive, or malicious content.
- Connect accounts or stores you do not own or lack authority to manage.
- Reverse engineer, decompile, scrape, resell, or build a competing product
from the Services, except to the extent this restriction is prohibited by
law.
- Circumvent security, rate-limiting, usage caps, or access controls, or
probe or disrupt the Services.
- Use the Services to develop, train, or improve a competing machine-
learning model.
7. Customer Data and your responsibilities as Merchant
- As between you and us, you own your Customer Data. You
grant us a worldwide, non-exclusive license to host, process, and transmit
Customer Data solely to provide and secure the Services and as described in
our Privacy Policy.
- For your End Customers' personal data, you are the data
controller and we act as your processor (see the Privacy
Policy). You are responsible for having a lawful
basis to process that data, for providing your own privacy notice to your
customers, and for the content of every message you send through the
Services.
- You will not upload data you are not authorized to process, including
special-category/sensitive data you lack a lawful basis to handle.
- You are responsible for compliance with Shopify's and your email
provider's terms when connecting and using those integrations.
8. AI features and your review obligation
The Services use third-party AI (Anthropic's Claude) to generate drafts,
summaries, rewrites, and classifications. AI output may be inaccurate,
incomplete, biased, or unsuitable. You are solely responsible for
reviewing and approving any content before it is sent, and for the
consequences of messages you send. As between you and us, you own the drafts
generated for you; you are responsible for ensuring your use of them is
lawful and appropriate.
9. Intellectual property
- We and our licensors own the Services, software, and all related
intellectual property. We grant you a limited, revocable, non-exclusive,
non-transferable right to use the Services per these Terms.
- We retain no ownership of your Customer Data.
- If you send us feedback or suggestions, you grant us a perpetual,
royalty-free license to use them without obligation to you.
10. Third-party services
The Services interoperate with third parties, including your email provider
(Google, Microsoft, or an IMAP/SMTP host), Shopify, Anthropic, and the Apple
App Store / Google Play. Your use of those services is governed by their own
terms, and we are not responsible for their acts, omissions, availability, or
changes. We may suspend features if a third party changes or restricts access.
11. Suspension and termination
- You may stop using the Services at any time and delete your account from
the app (Settings → "Delete Account").
- We may suspend or terminate your access, with or without notice, for
violation of these Terms, non-payment, suspected fraud or abuse, security
risk, or as required by law.
- On termination, your right to use the Services ends. We delete account
data as described in the Privacy Policy; export any data you wish to keep
beforehand. Sections that by their nature should survive (including 7–9 and
12–16) survive termination.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST
PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE
SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY
FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR
THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR
(B) USD $100. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED
UNDER APPLICABLE LAW (E.G., FRAUD OR WILLFUL MISCONDUCT).
14. Indemnification
You will defend, indemnify, and hold harmless MailAI and its officers,
employees, and agents from any claims, damages, liabilities, and expenses
(including reasonable legal fees) arising from (a) your Customer Data or the
messages you send, (b) your violation of these Terms or applicable law
(including data-protection and anti-spam law), or (c) a dispute between you
and an End Customer or third party.
15. Changes to the Services and these Terms
We may modify the Services or these Terms. For material changes to the Terms
we will update the "Last updated" date and provide notice in-app or by email
before they take effect. Your continued use after the effective date
constitutes acceptance. If you do not agree, stop using the Services.
16. Governing law and dispute resolution
These Terms are governed by the laws of the State of Nevada, United
States, without regard to conflict-of-laws rules. Subject to any
mandatory consumer protections in your jurisdiction, the state courts located
in Clark County, Nevada and the U.S. District Court for the
District of Nevada will have exclusive jurisdiction, and you consent to that
venue. These Terms do not include a binding-arbitration clause or a
class-action waiver; nothing in this section limits any non-waivable
consumer rights you hold in your place of residence.
17. Apple App Store and Google Play
If you obtained the app through the Apple App Store, you acknowledge that:
- These Terms are between you and us only, not Apple, and Apple is not
responsible for the app or its content.
- Apple has no obligation to provide maintenance or support for the app;
any support is provided by us.
- Apple is not responsible for any product warranties or for addressing any
claims relating to the app (including product-liability, legal/regulatory,
or intellectual-property claims), to the extent required by Apple.
- Apple and its subsidiaries are third-party beneficiaries of these Terms
and may enforce them against you.
- You comply with applicable third-party and export rules and represent you
are not in a restricted territory or on a prohibited-party list.
If you obtained the app through Google Play, your use is also subject to the
Google Play Terms of Service.
18. General
- Entire agreement. These Terms and the Privacy Policy
are the entire agreement between us regarding the Services.
- Severability. If any provision is unenforceable, the rest
remains in effect.
- No waiver. Our failure to enforce a provision is not a
waiver.
- Assignment. You may not assign these Terms without our
consent; we may assign them in connection with a merger, acquisition, or
sale of assets.
- Force majeure. Neither party is liable for delays caused
by events beyond its reasonable control.
- Notices. We may provide notices in-app or to your account
email.
- Relationship. The parties are independent contractors;
these Terms create no agency, partnership, or joint venture.
19. Contact
Questions about these Terms: contact Brian Lampert (MailAI) at
mailaisupport@gmail.com.